Kolkata: A complaint has reportedly been lodged against cricketer Abishek Porel by a woman alleging that he maintained a physical relationship with her on the promise of marriage and subsequently refused to fulfil that promise. The complaint further includes allegations of assault and criminal intimidation. Following the filing of the complaint, the matter has attracted public attention due to Porel’s association with domestic cricket and the Indian Premier League (IPL).
At present, the allegations remain subject to investigation, and no finding of guilt has been recorded by a court. The legal process will determine whether the allegations are substantiated by evidence and whether any criminal offences have been committed.
Legal Significance
The case highlights the legal issues surrounding allegations of sexual relations obtained on the basis of a false promise of marriage. Under Indian criminal law, consent obtained through deception may, in certain circumstances, be treated as invalid consent. If investigators establish that the accused never intended to marry the complainant from the very beginning and induced consent solely through a false promise, the act may attract provisions relating to rape under the Bharatiya Nyaya Sanhita, 2023 (BNS). Depending on the facts revealed during investigation, Section 63 BNS (Rape) and the punishment prescribed under Section 64 BNS may become relevant. Courts have repeatedly distinguished between a genuine relationship that later fails and a promise made dishonestly from the outset.
The allegations of assault and criminal intimidation may also attract separate offences under the BNS if supported by evidence. Criminal liability in such cases depends upon proof of intention, conduct of the parties, communications exchanged between them, and surrounding circumstances. The case therefore underscores the importance of a thorough investigation, digital evidence collection, witness statements, and judicial scrutiny before any conclusion regarding criminal responsibility is reached.
Action to be Taken
In cases involving allegations of sexual exploitation, false promise of marriage, assault, or intimidation, the complainant should preserve all available evidence, including messages, emails, call records, social media communications, photographs, travel records, and any documents that may establish the nature of the relationship. Such evidence can be crucial in determining whether consent was obtained through deception and whether any threats or acts of violence occurred.
Law enforcement authorities should conduct a prompt and impartial investigation, record statements of relevant witnesses, secure electronic evidence, and, where necessary, obtain forensic examination of digital devices. The rights of both the complainant and the accused must be protected during the investigation. Any determination regarding criminal liability should ultimately be based on evidence placed before the competent court, ensuring adherence to due process and the presumption of innocence until proven guilty
📰 Source: Manorama Online (English)
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